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Government of Cornwall Bill


Government of Cornwall Bill
Part 2 — Cornish Assembly Government

15

 

(4)   

Any act or omission of, or in relation to, the First Minister or any of the Cornish

Ministers appointed under section 25 is to be treated as an act or omission of,

or in relation to, each of them.

(5)   

But subsection (4) does not apply in relation to the exercise of functions

conferred or imposed on the First Minister alone.

5

30      

Transfer of Ministerial functions

(1)   

Her Majesty may by Order in Council—

(a)   

provide for the transfer to the Cornish Ministers or the First Minister

of any function so far as exercisable by a Minister of the Crown in

relation to Cornwall,

10

(b)   

direct that any function so far as so exercisable is to be exercisable by

the Cornish Ministers or the First Minister concurrently with the

Minister of the Crown, or

(c)   

direct that any function so far as exercisable by a Minister of the Crown

in relation to Cornwall is to be exercisable by the Minister of the Crown

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only with the agreement of, or after consultation with, the Cornish

Ministers or the First Minister.

(2)   

An Order in Council under this section may, in particular, provide for any

function exercisable by the Cornish Ministers or the First Minister by virtue of

an Order in Council under subsection (1)(a) or (b) to be exercisable either

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generally or in such circumstances as may be specified in the Order in Council,

concurrently with any other of the Cornish Ministers or the First Minister.

(3)   

An Order in Council under this section may make such modifications of—

(a)   

any enactment (including any enactment comprised in or made under

this Act) or prerogative instrument, or

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(b)   

any other instrument or document,

   

as Her Majesty considers appropriate in connection with the provision made

by the Order in Council.

(4)   

No recommendation is to be made to Her Majesty in Council to make an Order

in Council under this section unless a draft of the statutory instrument

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containing the Order in Council—

(a)   

has been laid before, and approved by a resolution of, each House of

Parliament, and

(b)   

has been approved by the Cornish Ministers.

31      

Promotion etc of well-being

35

(1)   

The Cornish Ministers may do anything which they consider appropriate to

achieve the promotion or improvement of the economic, social and

environmental well-being of Cornwall.

(2)   

The power under subsection (1) may be exercised in relation to or for the

benefit of—

40

(a)   

the whole or any part of Cornwall, or

(b)   

all or any persons resident or present in Cornwall.

(3)   

The power under subsection (1) includes power—

(a)   

to enter into arrangements or agreements with any person,

 
 

Government of Cornwall Bill
Part 2 — Cornish Assembly Government

16

 

(b)   

to co-operate with, or facilitate or co-ordinate the activities of, any

person,

(c)   

to exercise on behalf of any person any functions of that person, and

(d)   

to provide staff, goods, services or accommodation to any person.

32      

Support of Cornish language

5

(1)   

In relation to the support of the Cornish language, Cornish Ministers must—

(a)   

adopt a scheme setting out how they propose to promote and facilitate

the use of the Cornish language, and

(b)   

so far it is reasonably practicable, adhere to the principle that in the

conduct of public business in Cornwall the English and Cornish

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languages should be treated on a basis of equality.

33      

Representations about matters affecting Cornwall

The Cornish Ministers and the First Minister may make appropriate

representations about any matter affecting Cornwall.

Functions: supplementary

15

34      

Agency arrangements and provision of services

(1)   

Arrangements may be made between the Cornish Ministers and any relevant

authority for—

(a)   

any functions of one of them to be exercised by the other,

(b)   

any functions of the Cornish Ministers to be exercised by members of

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staff of the relevant authority,

(c)   

any functions of the relevant authority to be exercised by members of

the staff of the Cornish Assembly Government, and

(d)   

the provision of administrative, professional or technical services by

one of them for the other.

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(2)   

Any arrangements under paragraphs (a), (b) or (c) of subsection (1) for the

exercise of functions of the Cornish Ministers do not affect the responsibility of

the Cornish Ministers; and such arrangements for the exercise of any functions

of a relevant authority do not affect the responsibility of the relevant authority.

(3)   

The references in subsections (1) and (2) to functions do not include functions

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of making, confirming or approving subordinate legislation contained in a

statutory instrument.

(4)   

In this section and section 35 “relevant authority” means any Minister of the

Crown or government department, any public authority (including any local

authority) in England and Cornwall or the holder of any public office in

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England and Cornwall.

 
 

Government of Cornwall Bill
Part 4 — Finance

17

 

Part 3

Assembly measures

Power

35      

Transfer of functions

(1)   

On the coming into force of this Act there shall be transferred to the Cornish

5

Assembly all the functions of Cornwall Council.

(2)   

Arrangements for the transfer of powers shall be made with consultation

with—

(a)   

Cornwall Council,

(b)   

any relevant authority.

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(3)   

Subject to the provisions of this Part, an Act of the Assembly may make any

provision that could be made by an Act of Parliament.

(4)   

A provision of an Act of the Assembly is within the Assembly’s legislative

competence if it relates to one or more of the subjects listed in Schedule 2.

36      

Acts of the Cornish Assembly

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(1)   

The Assembly may make laws, to be known as Acts of the Cornish Assembly.

(2)   

Proposed Acts of the Cornish Assembly shall be known as Bills; and a Bill shall

become an Act of the Cornish Assembly when it has been passed by the

Assembly and has received Royal Assent.

(3)   

The validity of an Act of the Cornish Assembly is not affected by any invalidity

20

in the Assembly proceedings leading to its enactment.

(4)   

This section does not affect the power of the Parliament of the United Kingdom

to make laws affecting or relating to Cornwall.

37      

Scrutiny of Bills before introduction

(1)   

The Presiding Officer shall, on or before the introduction of a Bill in the

25

Assembly, decide whether or not in his view the provisions of the Bill would

be within the legislative competence of the Assembly and state his decision.

(2)   

The form of any statement, and the manner in which it is to be made, shall be

determined under standing orders, and standing orders may provide for any

statement to be published.

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Part 4

Finance

Funding

38      

Cornish Consolidated Fund

(1)   

There is to be a Cornish Consolidated Fund.

35

 
 

Government of Cornwall Bill
Part 5 — Final provisions

18

 

(2)   

The Secretary of State shall from time to time make payments into the Fund out of

money provided by Parliament of such amounts as the Secretary of State may

determine.

(3)   

The Assembly must ensure that information concerning the Cornish

Consolidated Fund is published for each financial year (and may, in particular,

5

do so by requiring it to be published by the Assembly Commission).

Part 5

Final provisions

39      

Regulations and transitional provisions etc

(1)   

Regulations may make such provision as the Secretary of State considers

10

necessary or expedient for transitory or transitional purposes in connection

with the coming into force of any provision of this Act.

(2)   

Regulations and orders made under this Act shall be made by statutory

instrument.

(3)   

No statutory instrument under this Act shall be made unless a draft has been

15

laid before and approved by a resolution of each House of Parliament.

40      

Expenses

There shall be paid out of money provided by Parliament

(a)   

any expenditure incurred under or by virtue of this Act by the Secretary of

State, and

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(b)   

any increase attributable to this Act in the sums payable under any other Act

out of money so provided.

41      

Short title and commencement

(1)   

This Act may be cited as the Government of Cornwall Act 2009.

(2)   

This Act comes into force 12 months after the date on which it is passed.

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